HB839 • 2026

Child custody proceedings; study, provisions to improve procedure for victims of family abuse, etc.

<p class=ldtitle>A BILL to direct the Judicial Council of Virginia to convene a work group to study the implementation of provisions to improve procedures for and responses to victims of family abuse and their children in child custody proceedings; report.</p>

Children Parental Rights

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: McClure
Last action: 2026-02-06
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The bill specifies that the work group includes representation from relevant stakeholders, but does not explicitly list all mentioned organizations in the candidate explanation.

Study on Improving Child Custody Procedures for Abuse Victims

This bill directs a group to study ways to improve child custody procedures when there are claims of family abuse and report their findings.

What This Bill Does

Creates a work group to look at how courts handle child custody cases involving family abuse.
The work group will review information on power dynamics, harassment in court, and perceptions of abuse survivors.
It suggests ways to help abuse victims get legal help, educate judges about trauma, improve guardian training, provide greater oversight for judges, and consider limited custody for abusers.

Who It Names or Affects

Victims of family abuse
Children involved in custody disputes
Judges handling child custody cases

Terms To Know

Guardian ad litem: A person appointed by the court to represent a child's best interests in legal matters.
Juvenile and domestic relations district courts: Courts that handle cases involving children, families, and domestic violence.

Limits and Unknowns

The bill does not specify what changes will be made; it only sets up a study.
It is unclear how the recommendations from the work group will be implemented after the report is submitted.

Bill History

2026-02-06 Rules
Continued to 2027 in Rules (Voice Vote)
2026-02-02 Studies Subcommittee
Subcommittee recommends continuing to 2027 (Voice Vote)
2026-02-02 Studies Subcommittee
House subcommittee offered
2026-01-30 Studies Subcommittee
Assigned HRUL sub: Studies Subcommittee
2026-01-28 Courts of Justice
Referred from Courts of Justice and referred to Rules (Voice Vote)
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26105026D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Judicial Council of Virginia; work group to study the implementation of provisions to improve procedures for and responses to victims of family abuse and their children in child custody proceedings; report.
Directs the Judicial Council of Virginia to convene a work group of relevant stakeholders to study the implementation of provisions to improve procedures for and responses to victims of family abuse and their children in child custody proceedings. The bill requires the work group to submit its findings and recommendations by November 1, 2026, to the Chairs of the House and Senate Committees for Courts of Justice.

Current Bill Text

Read the full stored bill text

HOUSE BILL NO. 839

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on Rules

on ________________)

(Patron Prior to Substitute--Delegate McClure)

A BILL to direct the
Committee on Self-Represented Litigants and its Subcommittee on Domestic Violence Victims of the Access to Justice Commission
to convene a work group to study the implementation of provisions to improve procedures for and responses to victims of family abuse and their children in child custody proceedings; report.

Be it enacted by the General Assembly of Virginia:

1.
§ 1.
Th
at the

Committee on Self-Represented Litigants and its Subcommittee on Domestic Violence Victims of the Access to
Justice Commission, established by order of the Supreme Court
of Virginia
,
shall convene a work group to study the implementation of provisions to improve procedures
for
and responses to
victims of
family abuse
and
their children in child custody proceedings.

The work group shall review, analyze, and make recommendations for how
the
juvenile and domestic relations
distric
t
courts
in the Commonweal
th
could improve custody proceedings when credible allegations of family abuse are at
issu
e.

The work group shall review and
consider certain information, including how (i)
power dynamics in child custody matters impact outcomes, including how frequently alleged abusers gain custody of children
; (ii)
alleged abusers may use court proceedings as instruments of harassment; and
(iii)
perceptions of survivors of abuse may impact outcomes.

The work group shall review and consider
certain
actions
, including (a)
providing resources for affordable legal representation for abuse survivors in custody proceedings
;
(b)
mandat
ing
judicial education on trauma, abuse, and power dynamics;

(c)
improving
guardian ad litem
trainings relating to power dynamics in family abuse;
(
d)
providing
greater oversight and accountability for judges; and
(
e
)

considering whether
custody cases with

credible abuse allegations should result in limited custody to the abuser.

The work group shall include representation from
relevant stakeholders, including
representatives of
the Virginia Sexual and Domestic Violence Action Alliance
,
the
Virginia
Family Law Coalition
, the Virginia Trial Lawyers
Association,
and

the
Virginia Poverty Law Center
,
staff from the Office of the Executive Secretary of the Supreme Court of Virginia,
at least two guardians ad litem
,
at least two
juvenile and domestic relations district court
judges
,
representatives from at least two Court Appointed Special Advocate programs, at least one child
protection
or
child
welfare practitioner,
at least three survivors of family abuse
, and other relevant stakeholders
.

The work group shall submit a report with its
find
ings and
recommendations to the Chairs of the House
and Senate
Committee
s
for Courts of Justice by November 1, 202
6
.